INTEGRATED NATIONAL DEMONSTRATION ZONE FOR OPENING UP THE SERVICES SECTOR

CHINA (BEIJING)PILOT FREE TRADE ZONE

Policy Interpretation

Pilot Programs for Allowing Foreign Patent Agencies to Establish Resident Representative Offices in China

Policy Content

On December 23, 2020, China National Intellectual Property Administration (CNIPA) issued the Letter on Approving the Pilot Programs for the Opening-up of Patent Commissioning Services in Beijing, Jiangsu and other Regions (Guo Zhi Ban Han Yun Zi [2020] No. 1154), approving a 3-year pilot program for the opening-up of patent commissioning services in Zhongguancun Science Park (Z-park):

Resident representative offices established by foreign patent agencies can provide services such as patent consulting, intellectual property training, intellectual property licensing, and intellectual property transfer in accordance with the law. In terms of the high-end professional services that are urgently needed by enterprises for their "going global", the representative offices can aim at the target markets of those enterprises and provide them with professional consulting services such as investment consulting, early warning and timely assistance to enterprises when intellectual property disputes or emergencies occur. The legal patent commissioning services that the representative offices provide are protected by the Chinese law, and the policies and measures of China on supporting the intellectual property service industry are equally applicable to these services in accordance with the law.

Enterprises to which the Policy is Applicable

When setting up a resident representative office in China, the foreign patent agency shall go through registration at business registration administration departments and obtain the approval from CNIPA.

Conditions to Be Met

The foreign patent agency has legally practiced in its home country and has not received self-disciplinary or administrative punishment for its practice; The chief representative and the representatives of the representative office shall have patent agency qualifications, and have been practicing patent services outside China for no less than 2 years, and have not received self-disciplinary or administrative punishment for their practice; The foreign patent agency has more than 10 patent agents practicing in its home country.

Documents to Be Prepared

The application letter for the setting up of resident representative office signed by the person-in-charge of the foreign patent agency; The letter of authorization given by the foreign patent agency to the proposed chief representative or representatives of the representative office, and the letter of authorization shall specify the business scope of the representative office or the job responsibilities of the representatives; Other documents required by CNIPA.

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